Felonies Legal Questions

It depends. The best thing you can do is to hire an attorney who is familiar with the County in which the case is pending. There are resolutions to a case such as the one you describe that would result in the charge being dismissed, and then subject to a petition to expunge. Don't go in there and just fall on your sword. A conviction for theft being on your permanent criminal record is a very bad thing. You're looking at a Class B misdemeanor, given the value of the property alleged stolen. So, the maximum range of punishment is 0-180 days in County jail, and/or a fine of $2000. The fact that you have no priors opens the door to some alternative resolutions, though. That's why you need an attorney; to guide you through that part of the process. ... Read More

Age of consent is 17, so their threats, insofar as they relate to any conduct occurring after the girl's 17th birthday, are indeed empty. However, be careful you do not admit to any sexual congress with the girl when she was younger than 17. They could still go to the DA and tell them you were having sex with her before she reached the age of consent. Then, you could be charged with Sexual Assault of a Child (under 17).... Read More

You're definitely going to need an attorney. It's pretty unlikely that things won't move forward with cops and the district attorneys office. The only impact what other people have stolen is that there's a chance they may blame it on you, which could elevate the charge from a misdemeanor to a felony, depending upon how much stuff they say you took. If you've got a relatively clean criminal history, there is no reason you should end up in jail. Also, you may be able to prevent it from becoming a conviction on your permanent criminal record. One thing you need to do for sure is not post such specific details about your involvement on this site, or any other web site. If you have reason to believe you will be charged with a crime (and you do) you need to seek the advice of counsel, and go from there. ... Read More

I'm not sure what your question is, but if you successfully completed the deferred from when you were 17, you may be eligible to have it sealed. Once sealed, most entities would be prevented from seeing that aspect of your criminal record. Your record would still not be perfect; but it would be closer.... Read More

If you received a Suspended Imposition of Sentence (SIS) your record is automatically sealed to the public when you complete your probation.  If you received a prison sentence or a Suspended Execution of Sentence (SES), there is no way to seal or expunge the conviction.  Finally, if you were arrested, but never charged by the prosecutor, there would be a way to expunge the arrest, see RSMo. Section 610. This answer does not create an attorney/client relationship.... Read More

If it's a conviction it cannot be sealed. If the case was tried and you were acquitted, you are entitled to expunge the records. If the case was dismissed pretrial you should be entitled to expunge the records. If the case was dismissed as a result of a successfully completed deferred probation, you may be able to have it sealed (i.e. an order of non-disclosure).  Hope this helps.... Read More

This answer does not create an attorney/client relationship.  I am a S.C. attorney and board certified internal medicine physician.  No one can predict exactly how much time a person will serve.  There are sentenancing guidelines, but the ultimate decision is with the judge.  I urge you to hire a lawyer, if you can afford one.  If you cannot afford a lawyer, you have the right to have a lawyer appointed for you by the State of S.C.  Please take advantage of that right, as you are facing some serious prision time. Michael G. Sribnick, M.D., J.D. Attorney at Law Owner of Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com  ... Read More

the taking of the two bottles, the $100 and the cell phone is sufficient to prove the theft charges. the return of the items can be used to mitigate the consequences. the key is the position of the victim. if the victim wants you prosecuted, the prosecutor and judge will prosecute you. this can result in both a criminal record and jail time. ed dimon, esq. 732-797-1600... Read More

Presuming you have NO prior criminal record, the maximum sentence is 5 years' incarceration for theft by unlawful taking. That being said, the sentencing guidelines recommend restitution and "Restrictive Intermediate Punishment," which in your case may be probation. If there are aggravating circumstances, the guidelines call for an additional 3 months of incarceration or probation.... Read More

   Even though your son is a juvenile, he is charged with serious offenses. Assuming that he has been referred to court, if convicted, there can be serious consequences if he is found delinquent. Juveniles must be represented by counsel; by statute they cannot represent themselves. If you do not qualify for the services of the office of the local public defender, you will need to retain an attorney for him. Please make certain that the retained counsel is experienced in criminal and juvenile law.    This posting is for informational purposes only and does not constitute legal advice nor establish an attorney-client relationship between the parties. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com https://www.facebook.com/pages/Lori-G-Levin-Attorney-at-Law/210343479896 @lorilevin (twitter)... Read More

This answer in no way creates a lawyer/client relationship.  I am a S.C. lawyer and S.C. board certified internist. My advice to you is to hire a lawyer to protect your interests.  It is worth the money to try and get this charge from becoming a conviction.  You do not want a conviction of a felony to appear on your record. Regards, I am Michael G. Sribnick, M.D., J.D.  Attorney at Law Owner of Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com... Read More

This answer does not create a lawyer client relationship.  I am a S.C. lawyer and board certified internist.  Someone sent to prison for robbery, who had stashed away stolen money, and later spent that stolen money, would be guilty of a sencond independent crime, and, if caught, could be prosecuted for knowingly spending stolen money.  My advice to this someone would be to turn the money into the police, and avoid a second felony and prison time.  If that someone spends the money, and is caught he will need more money for a good lawyer. Regards, Michael G. Sribnick, M.D., J.D. Owner of Michael G. Sribnick, M.D., J.D. www.michaelsribnicklaw.com... Read More

  Your girlfriend will need the permission of the court. Probations may be transferred through the interstate compact. This is a process that involves both the probation department as well as the court system. Please contact an experienced defense attorney to inform you of the process as well as to assist you.    This posting is for informational purposes only and should not be considered legal advice nor the establishment of an attorney-client relationship. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com https://www.facebook.com/pages/Lori-G-Levin-Attorney-at-Law/210343479896 @LoriLevin (twitter)... Read More

Only if the attorney represented you on any matters involved in this criminal case. Otherwise, no conflict.   The preliminary hearing is a hearing to determine if there's enough evidence to go to trial. Sometimes the defendant waives his right to a prelim if it benefits him in some way. Otherwise the district attorney (or arresting officer) will ask you to tell your story to the judge and the defense attorney has the right to cross-examine you. The standard of what the judge is looking for is low--was a crime committed and did this person likely commit it?... Read More

Based on the facts you have listed, you should not have been charged with a felony offense.  Retail theft, under 720 ILCS 5/16-25(f), typically requires the value stolen to be in excess of $300 dollars.  Therefore, you are likely going to be charged with misdemeanor juvenile delinquency.  ... Read More

Have you ever been convicted of shoplifting before? If the answer is no, the worst that probably could happen is that you would be cited under 18 Pa.C.S.A. Section 3929. Retail theft, if the amount stolen is less than $150.00 is graded as a summary offense if a first offense. You will likely be fined or given a short term of probation if found guilty/you plead guilty. That being said, store security may have just let you go with a friendly warning. If that's the case, consider yourself lucky.... Read More

First let me make it clear that this answer in no way creates a lawyer/client relationship; and I am a S.C. attorney and board certified internist.  Your husband should consider a different line of work as it appears he is doing nothing to make your life easier (that is the doctor in me).  The pending charges are just that, pending; and should not affect his parole, should the parole board see fit to grant it.  If he does get parole, and I hope he does, you will need (assuming you can afford one) an excellent criminal lawyer in Georgia to defend him, as the sheriff will probably arrest him on the pending charges.  He is a lucky man to have a woman like you to stand by him. Regards to you, Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com... Read More